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Monday, August 22, 2011

And you thought the poisoning of the oaks was bad (fixed link)

THE BIRTH OF A CRIMINAL CONSPIRACY TO COMMIT A CLASS B FELONY

SCROLL DOWN for update.

Maybe the critics are right. Maybe the Iron Bowl rivalry has gotten too far out of hand. Or, maybe we have yet another example of a fanbase that produced Corky Frost, Stump Thrower, Mark Green and Operation Red Dog.

The image below is a screenshot of a thread on The Bunker, AuburnSports.com’s premium message board. It’s a big file and takes a few seconds to download, so be patient. The screenshot is evidence that a few wacked out Auburn fans are giving birth to a criminal conspiracy to commit aggravated assault with a deadly weapon.

Click the image for the full resolution view. Then scroll past the image for our observations.

The “fun” begins when Wyatt4Auburn says:

“I think the easiest way to get to the bottom of this is to send someone from the Bunker to tuscaloosa undercover to just drive around until they spot Richardson in his SUV and get into a little fender-bender with him. Any volunteers?”

It gets even more interesting when Prowlin Tiger 99 says:

“Well, we sent AuburnProud to Huntsville to give Ingram a little going away present. Anyone have a high mileage truck or SUV with a sturdy brushguard looking for adventure?”

Note in the news report from al.com that Ingram was involved in an accident with an 18-wheeler. The kind of rig that AuburnProud drives. And the accident was in Huntsville, where AuburnProud lives.

What Harvey Updyke is alleged to have done in poisoning the oaks at Toomer’s Corner was a horrible, horrible deed. But nothing Updyke could have done would have put someone in jeopardy of physical harm. Here, we have one individual expressing knowledge of a crime and several other individuals in the process of hatching a conspiracy to repeat the act.

And yes, these are crimes.

Alabama Code Section 13A-4-3

Criminal conspiracy generally.

(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one or more of such persons does an overt act to effect an objective of the agreement.

(b) If a person knows or should know that one with whom he agrees has in turn agreed or will agree with another to effect the same criminal objective, he shall be deemed to have agreed with such other person, whether or not he knows the other's identity.

(c) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy. Renunciation by one conspirator, however, does not affect the liability of another conspirator who does not join in the abandonment of the conspiratorial objective. The burden of injecting the issue of renunciation is on the defendant, but this does not shift the burden of proof.

(d) It is no defense to a prosecution for criminal conspiracy that:

(1) The person, or persons, with whom defendant is alleged to have conspired has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or is immune from prosecution, or

(2) The person, or persons, with whom defendant conspired could not be guilty of the conspiracy or the object crime because of lack of mental responsibility or culpability, or other legal incapacity or defense, or

(3) The defendant belongs to a class of persons who by definition are legally incapable in an individual capacity of committing the offense that is the object of the conspiracy.

(e) A conspirator is not liable under this section if, had the criminal conduct contemplated by the conspiracy actually been performed, he would be immune from liability under the law defining the offense or as an accomplice under Section 13A-2-24.

Section 13A-6-20

Assault in the first degree.

(a) A person commits the crime of assault in the first degree if:

(1) With intent to cause serious physical injury to another person, he causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or

(2) With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such an injury to any person; or

(3) Under circumstances manifesting extreme indifference to the value of human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person; or

(4) In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, he causes a serious physical injury to another person; or

(5) While driving under the influence of alcohol or a controlled substance or any combination thereof in violation of Section 32-5A-191 he causes serious bodily injury to the person of another with a motor vehicle.

(b) Assault in the first degree is a Class B felony.

The screenshots have been forwarded to the appropriate authorities.

Note that the conspirators can escape prosecution by renouncing the conspiracy and giving adequate warning to the target(s) of their nefarious plot.

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